Thomas, et al. v. Nestle U.S.A., Inc., et al.

 Superior Court for the State of California, County of Los Angeles |  Case No. BC649863


For the best user experience, please visit the website using the following browsers: Google Chrome, Firefox, Microsoft Edge, or Safari.

If you live in California and purchased any of the Products (i.e. opaque “theater boxes” of Raisinets®, Buncha Crunch®, Butterfinger Bites®, Tollhouse Semi-Sweet Chocolate Morsels®, Rainbow Nerds®, SweeTarts®, Spree®, Gobstopper®, and Sno-Caps®) in California for personal use and not for resale during the time period February 9, 2013, through the present, your legal rights may be affected.
A court has authorized this notice. It is not junk mail, spam, an advertisement, or a solicitation from a lawyer.
Overview and Status of this Action
This case arises out of allegations that Defendants violated the California Consumers Legal Remedies Act, False Advertising Law, and Unfair Competition Law. Specifically, the Action alleges that Defendants’ Products contain nonfunctional slack-fill in violation of California and federal law.
The “Class,” as certified by the Court, consists of:
All persons who purchased the Products (i.e. opaque “theater boxes” of Raisinets®, Buncha Crunch®, Butterfinger Bites®, Tollhouse Semi-Sweet Chocolate Morsels®, Rainbow Nerds®, SweeTarts®, Spree®, Gobstopper®, and Sno-Caps®) in California for personal use and not for resale during the time period February 9, 2013, through the present.
Excluded from the Class by definition are:
Defendants’ officers, directors, and employees, and any individual who received remuneration from Defendants in connection with that individual’s use or endorsement of the Products.
Your Rights as a Class Member
If you remain a member of the Class , you will be bound by all past, present and future orders and judgments in the Action, whether favorable or unfavorable. If any money is awarded to the Class, either through a settlement with Defendants or a judgment of the Court after a trial, you may be eligible to receive a share of that award. However, if you remain a member of the Class, you may not pursue a lawsuit on your own behalf with regard to any of the issues in this Action. Please note that if you remain a member of the Class, you will not be personally responsible for Class Counsel’s attorneys’ fees or costs. Class Counsel have agreed to represent the Class on a contingent fee basis, which means that they will be awarded fees and costs to be approved by the Court only if they succeed in obtaining a recovery from one or more Defendants. Any attorneys’ fees for Class Counsel will be awarded by the Court from the settlement or judgment, if any, obtained on behalf of the Class. As a member of the Class, you will be represented by Class Counsel. Alternatively, you may remain a member of the Class and elect to be represented by counsel of your own choosing. If you do retain separate counsel, you will be responsible for attorneys’ fees and expenses and that attorney must enter an appearance on your behalf by filing a Notice of Appearance with the Court and mailing it to representative Class Counsel at the addresses set forth in paragraph 16 in the Notice on or before November 9, 2020.
Members of the Class will be eligible to participate in any recovery that might be obtained in the Action. If you have proof of purchase of one or more of the Products, keep these records. Do not mail them to Class Counsel or the Administrator at this time. No money or benefits are available now and there is no guarantee that money or benefits will be obtained. If they are, Class Members will be notified regarding how to obtain a share.
If you choose to be excluded from the Class, you will not be bound by any judgment in this Action, nor will you be eligible to share in any recovery that might be obtained in this Action. You will retain any right you have to individually pursue any legal rights, if any, that you may have against any Defendants with respect to the claims asserted in the Action. Please note, if you decide to exclude yourself from the Class, you may be time-barred from asserting the claims covered by the Action by a statute of limitations and/or repose.
If you wish to be excluded from the Class, you must specifically request exclusion in accordance with the following procedures. To exclude yourself from the Class, you must send a letter by first-class mail stating that you request exclusion from the Class in Thomas, et. al., v. Nestle U.S.A., Inc., Case No. BC649863. Your request must: (i) state your name, address, and telephone number; and (ii) be signed by you. You must mail your exclusion request, postmarked by no later than November 9, 2020, to:
Thomas, et al. v. Nestle U.S.A., Inc., et al.
c/o CPT Group, Inc.
50 Corporate Park
Irvine CA 92606
You cannot exclude yourself from the Class by telephone or email, and a request for exclusion shall not be effective unless it contains all the information called for by this paragraph and is postmarked by the date stated above, or is otherwise accepted by the Court.







CPT GROUP, Inc.

50 Corporate Park, Irvine, CA 92606

CONTACT INFORMATION

Toll-Free Class Member Support:
1-(888) 671-0699


Copyright 2018 CPT Group, Inc. All Rights Reserved.